Opportunities For Investors

Frequently Asked Questions.
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Q. How can an interested investor apply for the EB-5 visa through the South Florida Investment Regional Center?

A. Interested investors should start by contacting our office. We will answer your questions and provide you with all the program materials.

Q. Who should consider the EB-5 Program?

A. EB-5 investors include people from all walks of life: professionals, business people, persons wanting to facilitate a child's education, and retirees. Investors who are not interested actively managing a business should consider a regional center EB-5 investment. If the investor's goal is to obtain permanent residence and not to actively manage a business, it is more convenient to utilize the Regional Center EB-5 visa.

Q. Who may receive permanent residency?

A. After investing $500,000 or $1,000,000 in an approved project, the investor and his or her spouse and children under 21 are all eligible to receive EB-5 green cards, which are conditional for two years. After two years, if the approved project has been completed and is creating jobs, the investor and family are all eligible to receive permanent U.S. residency.

Q. What is a conditional green card?

A. A conditional green card is temporary permanent residency valid for two years. One year and nine months after it is issued, the investor, with the assistance of their attorney must file another application with USCIS to verify that all of the funds have been invested and employment created. When the conditional resident status has been lifted, full resident status is granted and a permanent green card is issued.

Q. Who receives the permanent residency?

A. The investor, spouse and any unmarried children under the age of 21 at the time of the I-526 petition.

Q. Is prior business experience necessary?

A. The investor is not required to have any prior business experience. Likewise, the investor is not required to demonstrate any minimum level of education or be able to speak English. The only requirement for the investor is that he or she has the required net worth and capital and be in generally good health.

Q. What is meant by the requirement that the investor's assets be "lawfully gained"?

A. Under USCIS regulations, the investor must demonstrate that his assets were gained in a lawful manner. This requires the investor to prove his investment funds were obtained through lawful business, salary, investments, property sales, inheritance, gift, loan, or other lawful means.

Q. Can money gifted by a parent or other relative be used for an EB-5 investment?

A. Yes, however a bona fide gift from a family member should be properly documented and any applicable taxes must be paid.

Q. Is a U.S. immigration lawyer necessary to process the EB-5 petition?

A. The I-526 and I-829 petition process are the responsibility of each investor and their attorney. The South Florida Investment Regional Center can recommend attorneys familiar with the I-526 and I-829 process. While the South Florida Investment Regional Center will provide investors with supporting documentation for their EB-5 petition, the Regional Center cannot provide legal advice. Each investor is responsible for all legal fees and costs associated with preparing and processing your EB-5 visa petition.

Q. How much is required to invest to meet the EB-5 Program requirements?

A. The EB-5 Program regulations require a minimum investment of $1,000,000 and that the investor be engaged in the management of a "new commercial enterprise" that produces at least 10 new jobs. However, the investment may be as little as $500,000 if the investment in a new commercial enterprise located within a targeted employment area. The South Florida Investment Regional Center focuses on projects within these targeted employment areas. Therefore, the investment amount of projects sponsored by the South Florida Investment Regional Center are typically $500,000.

Q. Are there any other fees in addition to the $500,000 investment?

A. There is $50,000 administration fee for the South Florida Investment Regional Center. This fee is deposited into escrow and is payable to the South Florida Investment Regional Center only upon approval of the I-526 petition.

Q. What happens if the I-526 petition is denied by USCIS?

A. All funds are deposited into an escrow account until the I-526 has been adjudicated. When the I-526 is approved, all investment funds move to the investment fund and the administrative fees are paid to the South Florida Investment Regional Center. If the I-526 is denied, all monies deposited into escrow by the investor are returned to the investor. This includes the investment funds and the administrative fees.

Q. What are the obligations of the investor to participate in the investment?

A. The EB-5 regulations require involvement in management or policy making. The regulations deem a limited partner in a limited partnership, which is properly structured and that conforms to the Uniform Limited Partnership Act as sufficiently engaged in the EB-5 enterprise. As a limited partner, the investor may continue to engage in his own business, live where he pleases, and enter and exit the United States without any obligation to manage the investment. Most importantly, the limited partner, like the corporate shareholder, is only liable to the enterprise to the extent of the agreed-upon investment.

Q. Must the investor or their family stay in the U.S. once they receive their permanent residency?

A. No. As a permanent U.S. resident, the investor and their immediate family members are able to travel freely within and outside of the United States, the same as any citizen.

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Contact us directly at:

E: dhart@eb5regional.com
P: 305 677 0117
F: 305 373 6753

South Florida Investment
Regional Center
21 SE 1st Avenue
10th Floor
Miami, FL 33131

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